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General Contractor With Little Direct Control Of Job Site Is Free From Liability

Sunday, February 04, 2007 11:30 am


The Appellate Court of Illinois ruled that a general contractor that did not thoroughly supervise its subcontractor bore no liability for the subcontractor's employee's negligence claims arising from an onsite injury.

Plaintiff Yevgeniy Moiseyev fell from a scaffold and was injured. He sued Rot's Building Development and its owner (Rot), the general contractor, for common law negligence. Moiseyev worked for the subcontractor, OSI Construction (OSI). The trial court granted Rot's motion for summary judgment, finding that Rot did not have the necessary control over OSI's work that would create the necessary duty of care to make Rot liable for Moiseyev's injuries. Moiseyev appealed.

Moiseyev claimed that Rot had the authority to and did supervise, direct and control OSI's work, as well as supervise, direct and control OSI employees' phy [...]

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